Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Sanni Kumar, applied for anticipatory bail after being implicated in a house‑breaking and theft case (PS Case No. 209 of 2025) involving stolen gold and silver ornaments. The FIR named other accused, but the prosecution alleged that the petitioner had purchased a stolen mangalsutra from co‑accused Parasnath Verma. The petitioner contended he was innocent, not named in the FIR, and had no stolen items in his possession, asserting a clean antecedent. The State and the informant opposed bail, emphasizing the seriousness of the offences under Sections 331(4), 305(a), and 317 of the Bharatiya Nyaya Sanhita. After considering the nature of the accusations and the material on record, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of alleged house‑breaking and theft under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305(a), 317, 331(4)
Subjects
- anticipatory bail
- theft
- house‑breaking
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4841 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- BEN P.S. District- Nalanda
======================================================
Sanni Kumar S/O Pramod Kumar R/O Village- Bara, Police Station- Ben,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
For the Informant : Mr. Birendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Ben P. S. Case No.
209 of 2025 registered for the offences punishable under
Sections 331(4), 305(a), 317 of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that on
29.09.2025, when the informant Santosh Kumar entered into his
house, he found that the household articles were lying scattered
in different rooms and a Godrej box kept in the northern room
had been broken open. Upon verifying the belongings along
with his mother, Smt. Kanti Devi, he discovered that several
gold and silver ornaments, including gold rings, ear-rings,
Mangalsutra, bangles, nose rings, silver anklets, Bichhiyas,
Patna High Court CR. MISC. No.4841 of 2026(3) dt.06-04-2026
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silver rings and other valuable articles, were missing. The
occurrence, prima facie, discloses that some unknown
miscreants committed house-breaking and theft during the
absence of the family members.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation. No stolen article has been recovered from
conscious possession of the petitioner. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that co-accused Parasnath Verma
purchased the stolen Mangalsutra from this petitioner.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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